ILLEGAL CCJ on ACCOUNT - DESPERATE!**WON AT LAST**

[electric lemon]

I am so upset & so stressed I feel ill - please, please help.

 

I got behind with payments with GE money. Well actually they said they would reintroduce my standing order back in December 2006 but didnt & I didnt check. I know, I know - what an idiot.

 

I got a letter last week saying .......you are now in default. Please contact us by the 8th March or we will take further action. Presumed they would pass to a debt collection agencey which I so didnt want so called them.

 

I called GE Money on 6th March. Spoke to a lady whose name I got. Offered to pay half by 25th (pay day) & other half by end of next month. She said that should be fine, & I requestd that she make a note of it on the computer - she did that as we spoke, but told me to ring again in the morning to confirm with the collections dept as they shut at 5.pm & it was now nearly 6.p.m. when we finished our conversation.

 

That was fine.

 

Called again the following day as requested. Lady gave me a different number. ? thought that was strange.

 

Called that number, someone answered saying they were a collections agency????????? They gave me another number, who had never heard of me & said it was probably as the 'debt' was so new to them they didnt have me on record??????

 

More confusion???? I told them I couldnt understand why this was happening as I had spoken to GE who were fine with my payment proposals.

 

I asked what I should do as I was well worried. They said not to worry. Just to sit tight until they made contact with me by letter to confirm payments.

 

OK.

 

Then today Husband called & told me that a CCJ had arrived from Northampton County Court....WHAT!!!!!!!!!!!!

OH MY GOD, I just cant believe it!!!

 

I called GE IMMEDIATELY, & just couldnt understand their foreign accent. It was so stressful. I asked for a manager & they kept me waiting for 20 mins- thats nice on my mobile. Hung up in the end.

 

I then called the collections people, who unbelievably told me that GE had sold the debt on the 6th to them!!!! And,.......that GE money had put in for a CCJ on the 7th!!

 

INCREDIBLE!!!!!!!!!!!!!!

Dont forget, GE clearly stated in the letter that I had until the 8th to contact them & make proposals!!!!!!!!!!!!!!!! WHICH I DID!!!

 

Are they in any type of breach????

 

How can they do this when I made proposals by the 6th, & arent they in breach of something as they did all this anyway before the 8th?????

 

I dont want a CCJ on my name/address - Ive never had one & never want one.

 

What can I do????

 

Any help appreciated.

 

A very sad, stressed Electric Lemon

[stevesj]

data protection Act - get a transcript of the conversation - contact the court and ask them for advice - if the CCJ is satisfied within a set period it can be removed (did you know about the impending CCJ, as you should have had time to defend it, or ask for the judghment to be set aside at least) - but this isn't what was agreed at all.....call that person again and politely ask if she recalls the conversation, request confirmation, then you've got a starting point.

 

GE Money - ignorant, arrogant and complacent.........wait til they get my claim!!

[electric lemon]

Hi there Steve,

 

No I havnt had any contact from anyone at all.

 

All I have had is this one letter from GE MOney saying:

 

.....you are in breach of the 'payments clause' of your agreement which provides that you must make each payment when due. To remedy this breach you must pay £XXX arrears to us by 8th March. You may telephone us on XXXXXXXX with your payment proposals.

 

If you do not take the action required by this notice before the date shown then further action may be taken against you.

 

I flamin did call them, et, etc.

 

Just heard from husband who says the letter is a county court claim??? (Not actual CCJ as I had thought - lucky old me)

Is is this that I should defend???

How on gods earth do I get a transcript of the conversation??

 

Just called the debt people/solicitors - they have said that they will contact GE Money to look into it & will put things on hold for now. She said that will will call me in a few days once she has confirmed things. She wasnt very nice at all.

 

I feel so incredibly vulnerable - whats to say that they dont just erase things on the computer??

 

Well at least I have the fact that they did all this VICIOUS, DECEIPTFUL,

NASTYNESS before the allocated time.

 

Would the court take that into consideration?

 

Shall I send a letter to GE as well stating all of this - anyone got one with lots of legal jargon in it????

 

Thanks,

Electric Lemon:(

[Filthy Monkey]

At this stage your best bet is to bring the account up to date if you can and then kick up a major stink within GE. Paying now will ensure that no adverse information is recorded against you.

[electric lemon]

Hi there FM,

 

I wish I could pay them it all but cant:(

 

Could pay all the arrears within 6 weeks but not all. Wish is what they said they were happy with when I spoke to them on the 6th!!!!!!!!!

 

Do you mean pay the arrears & then get back to GE & say Ive paid the arrears, and am within my credit limit now, so let me speak to a manager so I can give someone ROCKS for all this S***?????

 

Theyll tell me to go whistle wont they??....i.e. 'we're sorry, its out of our hands now & been passed to debt collectors etc'.......

 

Havnt got the funds anyway so cant.

 

Grrrrr - all this stress is just so unnecessary.

 

Everytime I call them it takes forever to get through to them & then all I get is an indian chap who i so struggle to understand - its just dreadful. When I ask to speak to a manager I just get put on hold forever!!!

 

OMG I feel as if my heads going to explode:mad:

 

Electric Lemon

[tiglet]

Put everything in writing, stating what you ahve said about them agreeing your paymenst.

 

Look at the form from Northampton carefully - I take it this is not your local court? Ok, tick the boxes/fill in the information stating you wish to defend and want the case transferred to your local court. that will buy you some time to get this sorted out.

 

Make the payments you have said you will make.

[sequenci]

Put everything in writing, stating what you ahve said about them agreeing your paymenst.

 

Look at the form from Northampton carefully - I take it this is not your local court? Ok, tick the boxes/fill in the information stating you wish to defend and want the case transferred to your local court. that will buy you some time to get this sorted out.

 

it's probably the Northampton cc bulk centre.

 

Make the payments you have said you will make.

 

i agree.

 

also can i ask, have G E Money ever served you with a default notice?

[ecobabe]

don't panic. you can reply to the court, on the form there is a section where you reply and state if you dispute the action, admit it and want to pay part or full etc. you don't have a ccj yet and you will be able to deal with it. if they didn't send you a default notice then you should also be able to get that taken off

[stevesj]

Take a chill pill!

These collectors know they're rattling your cage...and they thrive on it!!

 

1. Ask yourself - what is a county court claim? - http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_100130832. I'd pay them what you said you would, then offer a sensible amount on a monthly basis (confirm in writing stating that you are counterclaiming for the charges, and that the account is in dispute)Remember - the following could inform the judge, and you could get a stay to sort out the events, as you have already made an offer.

3. They have probably put unlawful charges against your account - send them a nice SAR requesting within 40 days all the transactions on your account, add into that letter that the account is in dispute. (that should peeve them a little) also add in that you want a transcript / screen print of the notes / conversation that you had with ....xx... on (date) at (time).All this for a tenner - fantastic:D

4. Ensure you have all the sequences of events on a notepad, keep calm on the telephone - keep them on hold, they hate it if they call you, tell them you can't hear them etc. note "veiled threats" ad-vebatim.

[electric lemon]

Thanks Tiglet,

 

Its all so scarey:confused:

 

I will definately do that with the form, saying that I want to defend it. I am nowhere near Northampton so will request a transfer to where I am.

 

Do you think that will give me much time?

 

Electric Lemon:D

[electric lemon]

Hi Sequenci,,

 

Yes, that was the letter that arrived from GE Money which said that I had to reply to them by the 8th March.....which I did!!

 

But they also got a CCJ thing on the 7th, & 'sold ' the debt on the 6th!!!!!

 

AMAZING HOW THESE PEOPLE WORK!!!!

[electric lemon]

Hi Steve,

 

Thanks millions!

 

Your advice was brill. I have taken note of all of it & will action as appropriate.

 

The SAR side of things is a little confusing. I did originally send a request for my statements a while ago, over the 40 days for sure. Trouble is I have no proof I requested them as I omitted to send by recorded delivery - great! I think this renders me a complete prat. No cheque was ever cashed either.

 

I will send another SAR tomorrow with inclusions & another cheque, however I am unsure as how to date it.

 

Should I backdate it???

 

Should I put tomorrows date?? If I do that wouldnt a Judge just say...you sent a SAR after the default was issued therefore the " Dispute" is not valid?

 

Confusion, confusion:confused:

 

Just dont want to put a foot wrong.

 

Help!!

[InKogneeToh]

Hi

 

You need to request a FULL SAR from GE. Tell them you want ALL data that they hold on you from ALL relevant filing systems and also a transcript of all recorded phone calls. But don't back date it - that's asking for trouble!

 

In your defence of the CCJ claim state that you are intending to defend as you dispute the amount of the debt because you believe some of the amount may be unlawful charges but that you cannot formulate your defence until you receive a response to your SAR sent to the claimant (GE) on ........(date). Request that the claim is stayed until you have all the information.

 

If you then get some proof of the payment arrangement you made over the phone you can add that to your defence as well.

 

Get your SAR (recorded delivery) and response to the court off asap and then sit back and relax!

 

Regards, Pam

[electric lemon]

Hi Guys,

 

Received letter from a solicitors headed......Notice of assignment.

 

It is dated 9th March - the day after I spoke to GE agreed a payment plan. My that was quick!!!GRRRRRRRRRRR

 

They say that they are acting for CL Finance Ltd (who the hell are they????).

 

They say...full payment must be made immediately to prevent a judgement against me - eat S**t & die you parasites!!!!!!!!!!!!!!! GOD IM ANGRY TODAY!!!!!!!!

 

Oh & it clearly states in black & white on the letter that they passed this to CL Finance on the 7th!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Which is as I had previously told you the day BEFORE the deadline that they had given me!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

All this stress is so doing my head in:(

[tiglet]

calm down electric lemon - yes, it's extremely frustrating - but just think - they are cocking up so spectacularly here that if it went to court, you's have them by the balls.

 

have a glass of wine (or whatever is your tipple), relax and follow the advice you've been given here. File that letter and then ignore it for now.

 

have a good night

 

Tigs x

[electric lemon]

Hi Guys,

 

I have slightly adapted the end of this letter. Comment most welcome please.

 

 

GE Capital Bank Ltd of R/O Agar Street, London WC2N 4HR

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER:****************

 

**Template section removed**

 

Please note that this account is now in dispute.

 

I should also like to advise you that I hereby request ALL data that you hold on me from ALL relevant filing systems, and I will require a transcript of all recorded phone calls pertinent to this account. Namely, the telephone call made on 08-03-2007 at 17:00 hrs to a member of staff "Sophie”.

 

 

Yours faithfully,

 

 

 

Im not very eloquent/articulate when it comes to stating things in a legal/scarey way. Im sure I could word things better at the end??

 

If anyone can say it better (which Im sure they can) I would be most grateful.

 

Thanks so much & Masses of muchos grathios(sp?)

[tiglet]

I would take the capitals out of "ALL" and, IMO, would not mention which calls you want - just that you want them all. It will make it easier for them to see your defence if you give too much info out.

[electric lemon]

Hi Tigs,

 

Thanks. You sound so nice I wish you were here for me to sniffle & snuffle & have a weep on your shoulder. I sure could do with it.

 

Ive also had a HIDEOUS day/night with the toddlers.

 

My house looks like someone has just let off a grenade & walked away, the children have been like those ones off the house of tiny tearaways, & husband is working. Im sure they can pick up on my mood, poor things, which is why theyve probably been like they have.

 

I NEED CHOCOLATE!!!!!!!!!!!!!! & chips....& some wine........& some pringles.........

 

....and I need to eat it all at once!!!!!!!!!!!!!!

 

I so do hope that I have them by the short n' curlies.

 

Best,

Electric

[pmhcfc]

Hi Tigs,

 

Thanks. You sound so nice I wish you were here for me to sniffle & snuffle & have a weep on your shoulder. I sure could do with it.

 

Ive also had a HIDEOUS day/night with the toddlers.

 

My house looks like someone has just let off a grenade & walked away, the children have been like those ones off the house of tiny tearaways, & husband is working. Im sure they can pick up on my mood, poor things, which is why theyve probably been like they have.

 

I NEED CHOCOLATE!!!!!!!!!!!!!! & chips....& some wine........& some pringles.........

 

....and I need to eat it all at once!!!!!!!!!!!!!!

 

I so do hope that I have them by the short n' curlies.

 

Best,

Electric

 

It'll go straight to your hips the key with the DCA's is to play them at their own game, difference is you do it legally...Send the SAR recorded as advised as sit back and wait. The only thing you need right now is a insy bit of patience 40 days isn't that long....

[electric lemon]

Hi pmhcfc,

 

Should I send a copy of the SAR to the solicitors????

 

As for the hips....get ready for a ton o'lard tonight babies!!!!!!

[pmhcfc]

Hi pmhcfc,

 

Should I send a copy of the SAR to the solicitors????

 

As for the hips....get ready for a ton o'lard tonight babies!!!!!!

 

It depends what info you want Electric...If it's for info they hold on you etc etc then SAR to DCA...If you want account details (re charges etc) then SAR to original creditor.

[InKogneeToh]

Hi Guys,

 

I have slightly adapted the end of this letter. Comment most welcome please.

 

 

GE Capital Bank Ltd of R/O Agar Street, London WC2N 4HR

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER:****************

 

I hereby request all data that you hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my account with you. I also require a transcript of all recorded phone calls pertinent to this account and all notes made in relation to those calls.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

Please note that this account is now in dispute.

 

Yours faithfully,

 

 

 

Im not very eloquent/articulate when it comes to stating things in a legal/scarey way. Im sure I could word things better at the end??

 

If anyone can say it better (which Im sure they can) I would be most grateful.

 

Thanks so much & Masses of muchos grathios(sp?)

 

Hi

 

I have made a slight re-jig of your letter - just shortens and tidies it up a bit.

 

Regards, Pam

[InKogneeToh]

P.S I have taken out the reference to the particular phone call - if they know you want that in particular they may be tempted to say it wasn't recorded/noted. Wouldn't put anything past them!

 

Also have removed the bit about you reclaiming charges - don't want them having any advance warning of your plans.

 

Regards, Pam

[electric lemon]

Hi Pam,

 

Thanks soooooooooooooo much for your intervention.

 

However, just to clarify......Do I send this copy to GE Capital.....& the Debt collector/solicitors? OR just to GE requesting my statements as the SAR.

 

P.s. Whats an IMO??!!

 

Ooooooooooooh Noooooooooooo Confusion!!!!

Sorry!

 

Electric:D

[InKogneeToh]

Hi Pam,

 

Thanks soooooooooooooo much for your intervention.

 

However, just to clarify......Do I send this copy to GE Capital.....& the Debt collector/solicitors? OR just to GE requesting my statements as the SAR.

 

P.s. Whats an IMO??!!

 

Ooooooooooooh Noooooooooooo Confusion!!!!

Sorry!

 

Electric:D

 

Hi

 

You send the SAR to the creditor but can send just a copy to the DCA just for good measure so they know you're biting back.

 

Also, don't forget to send your reply to the CCJ claim back to the court, as per my suggested response earlier. You only have a limited time to do this or the CCJ will be made in your absence.

 

Regards, Pam